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Legislation
Data Protection Act 2018

Crossheading Rights

  • Section 93 Right to information
  • Section 94 Right of access
  • Section 95 Right of access: supplementary
  • Section 96 Right not to be subject to automated decision-making
  • Section 97 Right to intervene in automated decision-making
  • Section 98 Right to information about decision-making
  • Section 99 Right to object to processing
  • Section 100 Rights to rectification and erasure
  1. Rights
  2. Rights to rectification and erasure

Section 100 | Rights to rectification and erasure

From legislation.gov.uk

(1)If a court is satisfied on the application of a data subject that personal data relating to the data subject is inaccurate, the court may order the controller to rectify that data without undue delay.

(2)If a court is satisfied on the application of a data subject that the processing of personal data relating to the data subject would infringe any of sections to , the court may order the controller to erase that data without undue delay.

(3)If personal data relating to the data subject must be maintained for the purposes of evidence, the court may (instead of ordering the controller to rectify or erase the personal data) order the controller to restrict its processing without undue delay.

(4)If—

(a)the data subject contests the accuracy of personal data, and

(b)the court is satisfied that the controller is not able to ascertain whether the data is accurate or not,

the court may (instead of ordering the controller to rectify or erase the personal data) order the controller to restrict its processing without undue delay.

(5)A court may make an order under this section in relation to a joint controller whose responsibilities are determined in an arrangement under only if the controller is responsible for carrying out the rectification, erasure or restriction of processing that the court proposes to order.

(6)The jurisdiction conferred on a court by this section is exercisable by the High Court or, in Scotland, by the Court of Session.

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